''Commission v Italy'' (2003
C-14/00is an
EU law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
case, concerning the
free movement of goods in the European Union.
Facts
An Italian rule limited the name ‘
chocolate
Chocolate is a food made from roasted and ground cacao seed kernels that is available as a liquid, solid, or paste, either on its own or as a flavoring agent in other foods. Cacao has been consumed in some form since at least the Olmec civ ...
’ to products without vegetable fats. Those with vegetable fats, mainly British, Irish, and Danish chocolate, were made to label themselves ‘chocolate substitutes’. The Commission argued this breached Directive 73/241, passed under what is now article 115
TFEU
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...
, where article 1 said cocoa and chocolate products mean those in Annex 1, within minimum cocoa content to be described as chocolate. It also argued it infringed TFEU article 34, as the word ‘substitute’ devalued the good. Italy, under point 7(a) of the Annex said the free movement clause only applied to products without vegetable fats.
Judgment
The
Court of Justice held that the requirement was contrary to article 34. Under the Directive, the UK, Ireland, Denmark could authorise manufacturers to add vegetable fats to chocolate made there, but it could not benefit from the free movement clause.
TFEU
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...
article 34 applied to obstacles to marketing products. The Italian rule would make British producers adjust their products and incur additional packaging costs. The Italian law had to be justified by a mandatory requirement, and steps must be proportionate. On the facts, the addition of vegetable fat did not substantially modify the product. So a ‘neutral and objective statement’ informing consumers would be enough. Obliging a change of the sale name was going further than necessary to protect consumers.
See also
Notes
{{reflist, 2
European Union food law
European Union goods case law
2003 in case law
Italian chocolate
2003 in Italy
Food politics